You can read the bill for yourself, starting with Section 7, page 81, cleverly titled:
REVISIONS TO DETAINEE TREATMENT ACT OF 2005 RELATING TO PROTECTION OF CERTAIN UNITED STATES GOVERNMENT PERSONNEL.
someone on fark extracted some of the particulars:
Ok, so here are the changes being referred to in the video. Proposed revisions are in red, notes in brackets, proposed material to be struck is struck; relevant hyperlinks included. Can anyone put this into plain English?
<—SEC. 7. REVISIONS TO DETAINEE TREATMENT ACT OF 2005 RELATING TO PROTECTION OF CERTAIN UNITEDSTATES GOVERNMENT PERSONNEL.—>
SEC. 1004. PROTECTION OF UNITED STATES GOVERNMENT PERSONNEL ENGAGED IN AUTHORIZED INTERROGATIONS [AKA DETAINEE TREATMENT ACT OF 2005].
(a) Protection of United States Government Personnel- In any civil action or criminal prosecution against an officer, employee, member of the Armed Forces, or other agent of the United States Government who is a United States person, arising out of the officer, employee, member of the Armed Forces, or other agent’s engaging in specific operational practices, that involve detention and interrogation of aliens who the President or his designees have determined are believed to be engaged in or associated with international terrorist activity that poses a serious, continuing threat to the United States, its interests, or its allies, and that were officially authorized and determined to be lawful at the time that they were conducted, it shall be a defense that such officer, employee, member of the Armed Forces, or other agent did not
know that the practices were unlawful and a person of ordinary sense and understanding would not know the practices were unlawful. Good faith reliance on advice of counsel should be an important factor, among others, to consider in assessing whether a person of ordinary sense and understanding would have known the practices to be unlawful. Nothing in this section shall be construed to limit or extinguish any defense or protection otherwise available to any person or entity from suit, civil or criminal liability, or damages, or to provide immunity from prosecution for any criminal offense by the proper authorities. This shall apply with respect to any criminal prosecution that–
(1) relates to the detention and interrogation of aliens described in this section;
(2) is grounded in section 2441(c)(3) of title 18 [viz. War Crimes defined as conduct “which constitutes a violation of common Article 3 of the international conventions signed at Geneva, 12 August 1949, or any protocol to such convention to which the United States is a party and which deals with non-international armed conflict”], United States Code; and
(3) relates to actions occurring between September 11, 2001, and December 30, 2005.
(b) Counsel- The United States
may provide Shall Provide or employ counsel, and pay counsel fees, court costs, bail, and other expenses incident to the representation of an officer, employee, member of the Armed Forces, or other agent described in subsection (a)–whether before United States courts or agencies, foreign courts or agencies, or international courts or agencies–with respect to any civil action or criminal prosecution or investigation arising out of practices described in that subsection, under the same conditions, and to the same extent, to which such services and payments are authorized under section 1037 of title 10, United States Code.
<—end SEC. 7. REVISIONS.—>
SEC. 8. RETROACTIVE APPLICABILITY.
This Act shall take effect on the date of the enactment of this Act and shall apply retroactively, including–
(1) to any aspect of the detention, treatment, or trial of any person detained at any time since September 11, 2001; and
(2) to any claim or cause of action pending on or after the date of the enactment of this Act.
The Onion channels the future once again, this one on 1 August, 2 months ahead of time.